The BC Motor Vehicle Act defines the use of an electronic device as holding it in a way that it could be used, using the device’s functions, talking to someone through the device, watching the screen or listening to music. (Devon Bidal/News Staff)

RCMP clarify law after B.C. mom ticketed for using dash-mounted phone

‘Legislation is clear with respect to using [a] phone while driving,’ says one officer

Brittney Taylor was issued a $368 distracted driving ticket in Saanich but her lawyer says the violation doesn’t apply to her licence and that the legislation isn’t clear enough.

RCMP Cpl. Mike Halskov disagrees. He couldn’t comment on the specific incident because it’s between Taylor, the officer who issued the ticket and the court, but he noted that “legislation is clear with respect to using [a] phone while driving.”

Halskov explained that a secured phone can only be used with one touch but that any scrolling or button-pushing is considered use of the device and is therefore subject to a ticket.

Halskov also pointed out that since the courts ruled in 2019 that having a phone in the cupholder, on the seat or on a charger doesn’t constitute use, BC RCMP issued specific guidance as to what is considered to be use of a device.

READ ALSO: Saanich mom gets $368 traffic ticket for touching phone mounted to dashboard

Taylor was pulled over on Dec. 31, after changing the song on her phone which was mounted to her dash. Despite this being her first violation in 10 years of driving, along with the ticket for use of an electronic device while driving, the Capital Regional District Integrated Road Safety Unit (IRSU) officer also issued four demerit points on her licence which cost her another $210 bringing the total to $578.

Taylor, a psychology student at the University of Victoria and single mom, was upset about receiving the hefty ticket rather than a warning so she took to Twitter the next day to voice her anger.

Vancouver-based Immediate Roadside Prohibition lawyer Kyla Lee replied to Taylor’s tweet saying that the violation the officer ticketed her for was for a licence restriction for N and L drivers, Class 5. Lee went on to write that since Taylor has her full license, a Class 5, the ticket is invalid and should, therefore, be cancelled.

She noted that according to the B.C. Motor Vehicle Act (MVA), there is zero-tolerance for use of electronic devices for N and L drivers with a Class 7 licence. However, drivers with a full licence – Class 5 – are allowed to use a device for calls as long as it’s mounted to the dash and either voice-activated or can be answered with one touch. She said the legislation isn’t clear enough so people end up violating it or getting ticketed incorrectly.

READ ALSO: Unclear laws to blame for cupholder cellphone tickets: lawyer

The MVA Section 214.1 defines “use” as holding a device in a way that it could be used, using one or more of the device’s functions, talking to someone through the device, watching the screen or playing music.

The definition of “use” is not met when a device is kept loose in the car or being charged but not being watched or used hands-free. It’s also noted that L and N drivers can have a device in the car, but cannot use it in any way.

For more information about distracted driving, visit the RCMP website or check the MVA.


@devonscarlett
Like us on Facebook and follow us on Twitter.

devon.bidal@saanichnews.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Intent of killing at centre of Surrey man’s West Kelowna murder trial

B.C. Supreme Court Justice Allison Beames is anticipated to return with her decision in August

UPDATE: Pedestrian dies after being hit by bus in uptown White Rock

Collision occurred July 3 at North Bluff Road and Johnston Road

PHOTOS: South Surrey tractor project evokes ‘$1-million smile,’ helps connect neighbours

Retired Surrey firefighter Ron Henze began project for friend’s dad to fill time during pandemic

Surrey man facing charges related to child pornography

Elazar Reshef, 52, has worked in the Delta School District

13 new B.C. COVID-19 cases, Langley Lodge outbreak ends

Health care outbreaks down to four, 162 cases active

Greater Vancouver home sales start to tick up, with prices holding steady

Residential sales last month reached 2,443, a 64.5 per cent jump from May

Langley Lodge’s deadly outbreak declared over

Fraser Health and long-term care home administrator confirm Friday declaration

Alberta health minister orders review into response after noose found in hospital in 2016

A piece of rope tied into a noose was found taped to the door of an operating room at the Grande Prairie Hospital in 2016

B.C.’s major rivers surge, sparking flood warnings

A persistent low pressure system over Alberta has led to several days of heavy rain

B.C.’s Indigenous rights law faces 2020 implementation deadline

Pipeline projects carry on as B.C. works on UN goals

Search continues for person seen floating in Coquihalla River in Hope

Rescuers halted the search Thursday night as darkness fell

‘Mind boggling’: B.C. man $1 million richer after winning Lotto 6/49 a second time

David O’Brien hopes to use his winnings to travel and of course keep playing the lottery

Most Read